Scott Flesch, former U.S. Army chief trial attorney for government contracts litigation, discusses a controversial provision in the 2025 National Defense Authorization Act (NDAA) that directs the Government Accountability Office (GAO) and Department of Defense (DOD) to study how awardees and the DOD could recoup profits and protest processing costs from unsuccessful bid protesters. Flesch cautioned that the proposal – based on a GAO recommendation – would impose financial liability on incumbent contractors based on a GAO dismissal, despite the GAO not being a judicial body. "I think that undermines the very integrity of the protest process that has been set up by the Competition in Contracting Act," Flesch said. He instead urged Congress to focus on improving the GAO's electronic protest docketing system to better support attorneys navigating the process.